Bail and paying bail are straightforward concepts that most people understand without too much explanation. However, the bail set for any one particular case may differ from one case to another, and it is important to understand the difference between unsecured bail and secured bail to understand what is expected of the individual accused of a crime during the pretrial process in the state of Utah.

What is Unsecured Bail?

Unsecured bail, or an unsecured bond or unsecured bail bond, refers to the occurrence when a judge decides to release an individual from jail without requiring them to pay any money upfront. Instead, the individual signs a written release agreement that they will appear in court on their court date. If the individual fails to fulfill their end of the agreement, they will be fined, and a warrant may be issued for their arrest. 

This type of bail is unsecured because the court does not receive any money or collateral from the accused individual to ensure they will meet their court date. The court trusts the individual to return in good faith that the accused will honor their agreement on their word alone. This type of release agreement is also referred to as release on own recognizance.

Who Qualifies for Unsecured Bail?

Most individuals who qualify for unsecured bail have no criminal history. That isn’t to say that individuals with a criminal history, especially those with no major offenses, are immediately disqualified. However, those with no prior convictions are more likely to be eligible for an unsecured bond. That said, the crime they are accused of must also be a minor, non-violent offense, and they must have been arrested without a warrant. 

In addition to these qualifications, a judge will also consider other factors, such as the individual’s ties to the community. If the accused has strong connections, such as a job, local family and friends, or other responsibilities to the community, they will be seen as a low-flight risk, increasing their chances of qualifying for unsecured bail.

What is Secured Bail?

While an unsecured bond means the accused is from jail without posting a monetary amount or putting up collateral, secured bail is just the opposite. Secured bail is also referred to as surety bail bonds or surety bonds.

If an individual has a criminal history or the criminal offense they are accused of is not a minor offense, and they still qualify for bail, a judge may set secured bail, which means that a set bail amount must be paid prior to releasing the individual from jail.

In some jurisdictions in Utah, common offenses have preset bail schedules. This means the bail for these offenses is automatically set without a bail hearing and is non-negotiable. These preset bail schedules help speed up the pretrial process and allow an individual still in custody to post bail.

How to Post Bail with a Secured Bond

To post bail simply means to pay the bail amount, and there are a number of ways to do this.

Cash and Property Bonds

If an individual has enough cash on hand, they can pay the full bail amount as a cash bond to be released from jail prior to their court date. If an individual appears in court on the day appointed for their trial, this amount will be refunded.

Similarly, some counties will allow the accused to put up a real estate property they own which has a value equal to or greater than the full bail amount as collateral. However, if the individual fails to appear in court, they will likely lose the property.

Surety Bail Bonds

The U.S. Constitution protects individuals accused of a crime from being forced to pay an excessive bail amount, meaning an amount that they cannot reasonably afford to pay. However, because bail amounts are set to fit the crime committed and as an assurance for an individual’s flight risk, among other factors, sometimes the full bail amount may be more than the individual is able to pay upfront. To negate this issue, many choose to work with a bail bonds agency.

When working with a bonds agency, the accused pays a portion of the bail amount, typically 10%, to the agency, which then assigns them a bail bondsman who works with the courts to pay the bail amount and secure the individual’s release.

After the individual is released, the bondsman stays in contact with them and makes sure they come to court for trial.

Conclusion

Understanding the distinction between secured and unsecured bail can help individuals know what to expect during the pretrial process. This knowledge can help the individual and their families make informed decisions so they can work through this trying period and secure the release of the accused so they can start working toward a better future.